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| State v. Gotch, No. 6-537 / 05-1254,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: Appellate court affirmed defendant's convictions for burglary in violation of Iowa Code §§ 713.1 and 713.6A(1) and criminal mischief in violation of Iowa Code §§ 716.1, 716.2, and 716.4 as defendant's footprints and tire tracks matched those at the scene and some of the damaged drywall board was found in the sole of defendant's shoe.
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| State v. Hoosman, No. 5-831 / 04-1364,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: In a possession of marijuana case, defendant was properly sentenced as a habitual offender under the provisions of Iowa Code § 902.8 relating to a class D felony instead of an aggravated misdemeanor as he had two or more previous possession of marijuana with intent to deliver, going armed with intent convictions, and two counts of attempted murder.
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| State v. Morrow, No. 6-587 / 06-0417,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: Defendant's sentence after her guilty plea to child endangerment in violation of Iowa Code § 726.6(1)(a) and (6) was appropriate because the district court's statement did not rise to the level of an affirmative showing of reliance on an unproven offense.
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| State v. Shannon, No. 6-429 / 05-1519,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: Defendant's conviction of willful injury, Iowa Code § 708.4(1) (2003), was affirmed because admission of hearsay evidence that defendant "stomped" on someone was non-prejudicial in light of the fact that substantially similar evidence entered the record without challenge; also, defendant's ineffective assistance of counsel challenges were rejected.
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| State v. Smith, No. 6-326 / 05-1560,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: Trial court did not err in sentencing defendant for up to fifteen years for the crime of third-offense domestic abuse assault causing bodily injury, Iowa Code § 708.2A(4), as sentence was not unfairly harsh or disproportionate to the crime, especially given the fact that defendant committed an egregiously violent offense against another person.
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| State v. Stephenson, No. 6-492 /05-1418,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: In a prosecution of defendant for possession of a controlled substance, the district court did not err in not suppressing certain statements defendant made during the execution of a search warrant at her home. Nothing about defendant's testimony showed she was unnerved by anything an officer did.
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| State v. Stohr, No. 6-317 / 05-1107,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: Suppression order was reversed and remanded because the State complied with the statutory and administrative requirements for admitting the results of defendant's breath test under Iowa Code § 321J.15.
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| State v. Thorndyke, No. 6-495 / 05-1651,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: Defendant's conviction and sentence for forgery in violation of Iowa Code § 715A.2 were both appropriate because statements in the presentence investigation report (PSI) were sufficient to establish her violation of the plea agreement. Counsel had no obligation to object to the reliance of the PSI and was thus not ineffective.
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| State v. VanHecke, No. 6-246 / 05-1181,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: Search of defendant was illegal, Fourth Amendment, because he was not at or near the area to be searched when the officers arrived, there was no evidence that he was aware of the warrant, he presented minimal risk to the officers executing the warrant, and there was little likelihood that he would flee if incriminating evidence were found.
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| State v. Wilson, No. 6-366 / 05-0595,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: Conviction of domestic abuse assault causing bodily injury was affirmed because the district court admitted the "false allegation" evidence but gave it "no weight," and there was no abuse of discretion in the district court's limitation or exclusion of several lines of questioning bearing on the victim's truthfulness.
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